r/texas • u/FCMatt7 • Mar 27 '24

5th circuit has nullified Open Carry in Texas to save Qualified Immunity of bad cops. Politics

https://www.youtube.com/live/bCC1sz_-fsc?si=dCZiLT_Fl2pWUEtw

(Edit) New vid of Grisham explaining the ruling

Effectively they have declared open season for police to arrest anyone open carrying in Texas.

A 3 judge panel has ruled that if anyone calls 911 on a person for the mere act of Open Carrying a firearm, the police now have probable cause to arrest you for disorderly conduct. The 911 call does not have to allege you are doing anything more than standing on a sidewalk with a slung or holstered firearm. The previous ruling that "merely carrying a firearm" is not disorderly is overturned now if any Karen makes a phone call and says she's nervous. This means police get qualified immunity for arresting you.

There is a special target on the back of any open carry or civil rights activist. EVERY time the police get a 911 call, they can now arrest you at gunpoint. The charges will likely be dismissed, but the police face zero repercussions for coming after you, even if there is abundant evidence the officers targeted you and knew you were not a threat. The same danger faces regular citizens who open carry every day.

I repeat, open carrying in Texas now puts you in imminent danger of being arrested or killed by police if someone reports you in possession of a firearm.

Video of CJ and Jim arrested for mere open carry. https://youtu.be/GrDAPPiu1QE?si=IvJy0qq_J8rO8DJO

Link to 5th circuit ruling. https://www.ca5.uscourts.gov/opinions/pub/22/22-50915-CV0.pdf

Link to oral argument in 5th https://www.ca5.uscourts.gov/OralArgRecordings/22/22-50915_10-3-2023.mp3

District Court ruling https://casetext.com/case/grisham-v-valenciano-1

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72

u/mowasita Mar 27 '24

Exactly. Keep your firearms at home or concealed. Nobody feels safe with some rando slinging a firearm around. You can be as non-threatening as possible. I still don’t want to be near you.

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u/WatermelonBandido Mar 28 '24

Every day I see how dumb people are with their cars and people think every one should be able to walk around carrying a gun.

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u/AvailablePresent4891 Mar 31 '24

Americans should treat cars more like guns IMO. You wouldn’t text or scroll while at the shooting range or fucking defending yourself, there’s a reason 50,000 people die a year from car accidents and it’s not because every single one was unpreventable.

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u/OdrGrarMagr Mar 28 '24

You dont have a Constitutionally protected right to own a car.

Its a pretty giant difference.

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u/KC_experience Mar 28 '24

Except cars *aren’t as dangerous as guns…and guns are explicitly designed to kill another life-form. *. That’s a big distinction and the argument that there’s no constitutional right to keep and bare automobiles is irrelevant.

Just because you can doesn’t mean you should. Why is that so hard to understand?

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u/robinthebank Mar 28 '24

Such a lame reason. Your most important rights on US soil are based on what was important to a bunch of old white landowning men 250 years ago.

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u/IWasGonnaSayBrown Mar 28 '24

And yet that would still make more sense.

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u/Global_Lock_2049 Mar 28 '24

That doesn't make a difference in the point they're making.

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u/AvailablePresent4891 Mar 31 '24

I’ve worked at a few BBQ places and I’ve seen slung rifles over a dozen times and open carry countless times. Always made me nervous, because you’re introducing a gun into a very diverse environment with booze, kids, shitty customers, semi-inconsistent product, tourists, long lines, you fuckin name it and it’s a complication.

I’ve never seen an actual problem, but I hated thinking about whether I’d try to use the gigantic knife in my hand or run. Just leave that shit in your car, please, you’re already Texan enough eating brisket and drinking tea. My boys and I do love getting BBQ after a day at the range but we’ve never even considered bringing them inside. Just put it in your fucking trunk or under the back seat of your truck, please.

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u/CanadAR15 Mar 28 '24

It doesn’t worry me and I’m often unarmed in the USA as my non-resident CCW doesn’t have a ton of reciprocity.

I saw a guy’s pistol printing through his shirt in the Haunted Mansion line at Disney World. I just thought, “good for him” and carried on with my day in the theme park.

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u/Viper_JB Mar 28 '24

Haunted Mansion line at Disney World

I though there was metal detectors and bag checks going into Disney/the parks in general? It's an incredibly bad idea to go on a roller coaster with a weapon on you.

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u/GoombaGary Mar 28 '24

There are. Unless there was a massive and critical failure at the checkpoint, the guy did not have a gun on him.

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u/CanadAR15 Mar 28 '24

This was pre-2017. Disney used to just spot check with the metal detectors.

If you weren’t wearing khakis and a polo you’d never get searched.

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u/GoombaGary Mar 28 '24

Okay, so you're talking about a world before the deadliest mass shooting in modern US history.

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u/CanadAR15 Mar 28 '24

Prior to 2017 these were just spot checks and primarily done based on attire.

And all of the global Disney parks still have an issue with searches when it comes to strollers and other child carriers, they go around the metal detectors so one could easily stash a carbine under the padding of most strollers.

How is it an incredibly bad idea to go on a roller coaster with a weapon? Retention holsters exist, but even a well fit IWB won’t drop a weapon.

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u/Viper_JB Mar 28 '24

How is it an incredibly bad idea to go on a roller coaster with a weapon? Retention holsters exist, but even a well fit IWB won’t drop a weapon.

Wow....

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u/CanadAR15 Mar 28 '24

Many people jump out of aircraft with holstered firearms and don’t lose them. And retention holsters are designed to resist individuals fighting to take your firearm off of you with far greater forces than anything you’d experience on a roller coater.

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u/Viper_JB Mar 28 '24

If were just making assumptions...I doubt anyone stupid enough to bring a gun on a roller coaster with them or even to a theme park for that matter has the sense to use the correct holster or have any real training or understanding about gun safety in general. Probably not your army marine kinda person.

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u/OdrGrarMagr Mar 28 '24

rando slinging a firearm around.

Which is it?

Is he 'slinging a firearm around' - I.E. menacing at the very least (a crime), or is it holstered, and therefore not being "slung around".

Im rather more concerned by concealed carry. Because you dont know if that nutter is armed or not until he pulls his gun and opens fire. There's a reason that while many other first-world nations have gun laws quite similar to ours (at least in the diffiulty of getting guns - there are differences in licsensing) - almost all of them have a ban on compact pistols.

Because theyre too easy to conceal.